This confirms your assignment as the law clerk with primary responsibility for the above-entitled case. At the moment, a hearing date is not scheduled. However, once the hearing date is scheduled you may be required to prepare a bench memo. I will inform you as soon as the date for oral argument is scheduled.
3. Procedural History: This matter comes before the court on motions of defendants for judgment notwithstanding the verdict, for new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure, and for amended judgment. We have considered defendants' motions collectively and individually and conclude that neither a new trial, judgment notwithstanding the verdict, nor amended judgment is warranted. The evidence supports the jury's verdict.
Facts: Rex Marshall testified that the deceased came into his store intoxicated, and started whispering things to his wife. The defendant stated that he ordered the deceased out of the store immediately, however the deceased refused to leave and started acting in an aggressive manner; by slamming his hate down on the counter. He then reached for the hammer, the defendant states he had reason to believe the deceased was going to hit him with the hammer attempting to kill him. Once the deceased reached for the hammer the defendant shot him almost immediately.
McCulloch v Maryland 4 Wheat. (17 U.S.) 316 (1819) Issue May Congress charter a bank even though it is not an expressly granted power? Holding Yes, Congress may charter a bank as an implied power under the “necessary and proper” clause. Rationale The Constitution was created to correct the weaknesses of the Articles. The word “expressly” particularly caused major problems and therefore was omitted from the Constitution, because if everything in the Constitution had to be expressly stated it would weaken the power of the Federal government.
Recommendations: It is recommended that our law office regretfully deny service to Ms. Carry based upon the precedent in Kentucky. Based upon the analysis the issue, it is apparent that Ms. Carry would not receive a promising conclusion to her situation. Due to the facts involved and the cases discussed (which are somewhat on point) Ms. Carry does not make a claim in which relief can be granted.
The following questions need to be answered to further the case pertaining Greene’s v. Jennifer Lawson:
The second August 25 letter amounted to an unlawful amendment. The City relied on section 16b(b) of article 1269m, which provided that "[i]n a civil service hearing conducted under this subsection, the department head is restricted to his original written statement and charges which may not be amended." However, section 16c(a) included in pertinent part the following language, "in addition to other notice requirements prescribed by this Act. The language in this section not only points out that the Legislature intentionally imposed the notice requirements contained in section 16c on the City, but all of the notice requirements contained within the
Washington Law Review, Vol. 86, Issue 4 (December 2011), pp. 841-874 Barnum, Jeffrey C. 86 Wash. L. Rev. 841 (2011)
Integrity, honesty, compassion, loyalty and just plain telling it like it is. These are just a few traits of this truly unique man, Ralph Stephens. One of a kind. If I ever have a question, or if I’m on the fence about something, Ralph, in a few sentences gives me the options and helps me clear it up. You always knew where you stand with Ralph. Politically correct? That isn't a big concern of his. He isn't trying to win a popularity contest.
Crowell Academy, Inc. and Arturo Gomez, (hereinafter, collectively “Crowell”) were grossly negligent and used willful misconduct in their responsibilities involving the fencing club. The bargaining power of Crowell was so grossly unequal so as to put Lajuana Barnett at the mercy of Crowell’s negligence. Lastly, the exculpatory clause contained in the release form (see release form) is void as against public policy. Consequently, under Maryland law, it is up to the trier of fact to determine if the exculpatory clause is unenforceable. As such, there is a dispute as to the genuine issue of material fact related to Crowell’s Answer, Crowell can be liable to Lajauna Barnett for negligence, and Crowell is not entitled to Summary Judgment as a matter of law.
The General Court. "General Laws." : CHAPTER 265, Section 37. 2014. Web. 20 Apr. 2014. .
It is near the end of September and you are a relatively new judge advocate working as an Administrative Law attorney. The Deputy Staff Judge Advocate calls and states that he will need you to cover down on the Garrison Commander’s weekly command and staff meeting. At the start of the meeting, the Garrison Commander mentions that prior to leaving her office, she noticed on the news that Congress passed a continuing resolution after failing, yet again, to pass a regular appropriation for the new fiscal year. She adds that as partisanship seems to be at an all-time high in both Houses of Congress, there is uncertainty over how long it will be before a regular appropriation bill is passed for the Department of Defense (DoD).
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
Stienstra, Donna, Jared Batallion and Jared A. Catone. "Assistance to Pro Se Litigants in U.S. District Courts: A Report on Surveyrs of Clerks of Court and Chief Judges." 2011. fjc.gov. Web Document. 9 September 2013.
After analyzing the discourse community of law and the detailed process lawyers take in order to write an effective appeals brief, one can see that lawyers have a very specific and unique way of communicating that includes certain jargon unfamiliar and possibly incomprehensible to the general public. Although writing an appeal brief is only one aspect of many that government prosecuting attorneys such as Kenny Elser face in their jobs on a daily basis, it is also a very necessary job because not only is it used by a single discourse community in the law profession but utilized by the discourse community of law as a whole.
According to Former Secretary of State Dean Acheson, a memorandum is meant to protect the writer instead of being issued to inform the reader. I believe that the quote by Former Secretary of State Dean Acheson is not accurate. This statement creates ambiguity because the primary purpose why the writer issues a memorandum is to inform the reader. If the purpose is just to protect the writer and not to inform the reader, just for the sake of issuance, then such memo is of no use. However, this paper seeks to discuss the relevance of both—a memorandum is intended to inform the reader and it is also used to protect the writer.